Do we need court order? Is his support considered a gift?

[Schwippsy]

What is the name of your state? IL
Hello,
I am seperated from the father of my two boys. We have agreed on a monthly amount for child support. We have done so without a court order.
Now his ex-wife wants to see more money for his first born daughter. They have an old court order in place and they are scheduled to go to court again.
Will the judge accept a written statement from me, stating that I do receive child support from the father and apply that against his income to recalculate support for his daughter from previous marriage? We are told we need a court order to proove that he pays me or else his payments will be considered a gift. Is that true???
I hope I am not asking this question in a too confusing way.
Many thanks to all of you in advance for your help.
Schwippsy

 

[NotSoNew]

yes you would need a court order and thats assuming your state takes subsequent children into account. most states only take prior court orders into account.

 

[abstract99]

Yes but that would be incredibly stupid. Without a child support order he doesn't have to legally pay you support so if you go behind his back and do this so that his ex can then receive more child support I would gather that he would stop paying you. Then you would have to spend all of the money to take him to court to get child support arranged.

Sorry read that wrong, the previous poster is right. Thought you were going to lie to the court and say that you don't get CS so that mom could get it raised.

 

[fairisfair]

yes you would need a court order and thats assuming your state takes subsequent children into account. most states only take prior court orders into account.

And so it appears does Illinois, all child support calculators only ask for information regarding PRIOR child support orders or PRIOR alimony payments.

 

[abstract99]

WAIT**************.... I thought your ex was a drug dealer and a theif... they give w2's out for that?

 

[NotSoNew]

And so it appears does Illinois, all child support calculators only ask for information regarding PRIOR child support orders or PRIOR alimony payments.

well i was confused the one i looked at said other child support orders OR alimony payments from prior relationship (not this one)

so was the prior for alimony or for the support AND alimony?

 

[critterperson]

What is the name of your state? IL
Hello,
I am seperated from the father of my two boys. We have agreed on a monthly amount for child support. We have done so without a court order.
Now his ex-wife wants to see more money for his first born daughter. They have an old court order in place and they are scheduled to go to court again.
Will the judge accept a written statement from me, stating that I do receive child support from the father and apply that against his income to recalculate support for his daughter from previous marriage? We are told we need a court order to proove that he pays me or else his payments will be considered a gift. Is that true???
I hope I am not asking this question in a too confusing way.
Many thanks to all of you in advance for your help.
Schwippsy

Illinois uses the first in time, first in line...So your subsequent children (with or without a child support order) will most likely have little effect on first mom getting her support raised, if dad's income has increased, or she can win an argument in court stating that the childs needs have increased...